Art. 88. No judgment annulling a marriage shall be promulgated upon a stipulation of facts or by confession of judgment.
Explanations:
It is true that the marriage may be annulled for certain cases but if instead of proving these causes the party concerned will only submit either a stipulation of facts ( facts agreed upon and signed by by both the husband and wife ) or a confession of judgment ( a statement by the erring spouse to the effect that he or she is not against the annulment), Then the court will refuse to render judgment. Instead, The Court will proceed as in in art. 60, 2nd par. of the family code of the Philippines. It is provide for in art. 60, par. 2, that " In any case, the court shall order the prosecuting attorney or fiscal assigned to take care that the evidence is not fabricated or suppressed."
Ther are two kinds of of confession of judgment, namely:
- Confession of judgement by warrant of attorney - authority given by defendant to plaintiffs attorney allowing the latter to tell the court that the defendant confesses or admits the plaintiffs claim to be true and just. This is done even before the action is actually filed.
- Confession of judgement or judgement by confession cognovit actionem - that the redered where, instead of defending himself , the defendant chooses to acknowledge the rightfulness of the plaintiffs action. It’s not unusual for a western male to fall in love with a Filipina who is married. It’s hardly as scandalous as it sounds, though. The fact is that divorce has been impossible in the Philippines for almost fifty years. It literally does not exist. As a result, when a Filipino marriage begins to fall apart, the husband and wife have two options. They can either live together and suffer each other’s company or they can split up and move away from one another. Either way, they remain married. This is a particular problem for Filipinas who are abused by their husbands or who have been abandoned. Abandonment is quite common. A husband tires of his wife, his daily routine, whatever, so he simply packs up his bags and moves away to start another life, often with a mistress. Alternatively, the wife of an abusive husband may flee her home for her own safety, or that of her children. In either of these situations, the woman remains legally bound to her husband. She remains married and cannot get divorced, whether her husband left her or she left him.Yet one can hardly blame a woman for dreaming of a better life with a better man. She may not have seen her husband for a year, five years, even ten years. Perhaps she knows where he is, perhaps not. He might even be dead, for all she knows. Still, her entire life is on hold. She wants to start over, to have a happy marriage and a happy life, but she cannot remarry until she is divorced, and divorce is simply impossible.Fortunately, she does have one option, one slim ray of hope: Annulment.Annulment is simply a voided marriage. In the eyes of the Philippine government and the Catholic Church, an annulled marriage is a marriage that never really happened. It’s as if someone stepped into a time machine and traveled back in time and prevented the marriage from ever occurring. This is different from divorce, where everyone agrees there was a marriage, but that the divorce “ends” the marriage.
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